Mehserle denied Friday that race or animus had anything to do with the shooting. He said he wasn't angry while trying to arrest Grant and is still confused about why he pulled his gun instead of his Taser.

"I'm still trying to process everything," Mehserle said. "How did this happen?'"

Mehserle cried when he recalled seeing a bullet hole in Grant's back and realizing he had shot the suspect.

Mehserle quit the BART police department a week after the shooting. He was later convicted of involuntary manslaughter and served about half of his two-year sentence in a Los Angeles County jail.

The father, Oscar Grant Jr., is seeking unspecified damages. He is currently serving a life sentence in state prison after being convicted of a 1985 killing. Two California Department of Corrections and Rehabilitation guards escort him to court each day.

BART settled a separate lawsuit filed by Grant's mother and daughter for $2. 8 million. Another civil case filed by friends of Grant who were present on the train platform was settled for $175,000